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Search Orders - TBD (Owen Holland) Ltd v Simons and Others

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Chancery Divison (Mr Justice Marcus Smith) TBD (Owen Holland) Ltd v Simons and others [2020] EWHC 30 (Ch) (17 Jan 2020)

Jane Lambert

In Anton Piller KG v Manufacturing Processes Ltd. and others[1976] Ch 55, [1975] EWCA Civ 12, [1976] 1 All ER 779, Lord Denning MR noted that the judges of the Chancery Division had recently been making orders of a kind not known before whereby the plaintiff and his solicitors were authorized to enter the defendant's premises so as to prevent the loss or destruction of evidence, provided that the defendant gave them permission to enter.  Such orders were then made under the inherent jurisdiction of the court and were not covered by the Rules of the Supreme Court so it fell to the Court of Appeal to consider them on principle. It seemed to Lord Denning that such an order could be made by a judge without notice to a defendant, but it should only be made where it was essential for justice to be done. If the defendant were forewarned, there would be a gra…

Practce - Koninklijke Philips NV v Asustek Computer Inc. and others

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Jane Lambert

Patents Court (Mt Justice Marcus Smith) Koninklijke Philips NV v Asustek Computer Inc and others  [2020] EWHC 29 (Ch) (17 Jan 2020)

This was an application by Asustek Computer Inc. and its subsidiaries, Asustek (UK) Ltd. and Asus Technology Pte Limited. for an order that they cease to be parties to proceedings to determine the terms upon which Koninklijke Philips NV ("Philips") should offer licences to use its patents that are essential for compliance with standards set by the European Telecommunications Standards Institute ("ETSI"}. The application first came before Mr Justice Marcus Smith on 27 Nov 2019.  In Koninklijke Philips NV v Asustek Computer Inc. and others [2019] EWHC 3463 (Pat) (27 Nov 2019) he decided to hear the application on 13 Dec 2019.  He dismissed the application on 17 Jan 2020 in Koninklijke Philips NV v Asustek Computer Inc. and others [2020] EWHC 29 (Ch) (17 Jan 2020).

The reason for the application was that the Asustek companies …

Trade Marks and Passing Off - easyGroup Ltd v EasyFly

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Jane Lambert

Chancery Division (Mr Justice Nugee) easyGroup Ltd. v Empresa Aerea De Servicios y Facilitation Logistica Integral SA (Easyfly SA) and others [2020] EWHC 40 (Ch) (14 Jan 2020)

This was an action by easyGroup Ltd. against the Colombian airline Empresa Aerea de Servicios y Facilitation Logistica Integral SA which trades in the name or style of EasyFly and its president Alfonso Avila Velandia for trade mark infringement, passing off and conspiracy. easyGroup complained that EastFly's website supplied air tickets to British travellers under the EasyFly sign. It also sought to join the French manufacturer, ATR Aircraft, as a third defendant. ATR had flown aircraft in EasyFly's livery on test flights around France and on a delivery mission through Spanish airspace. It had also published a press release announcing its sale of aircraft to EasyFly at the Farnborough airshow.

The proceedings before Mr Justice Nugee were not a trial but a number of interlocutory applications …

Patents - Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd. and Others

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Jane Lambert

Patents Court (Mr Justice Birss) Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd and others [2020] EWHC 14 (Pat) (8 Jan 2020)

This was a patent infringement claim by Conversant Wireless Licensing SARL against Huawei Technologies Co Ltd., ZTE Corporation and their respective British subsidiaries.  The patents alleged to have been infringed are European patents (UK) 1 878 177 ("177"), 3 267 722 ("722") and 3 197 206 ("206"). Conversant had declared those patents to be essential to certain 3G and 4G standards. It argued that manufacturing, distributing or marketing items that met those standards without its licence would necessarily infringe the patents. The defendants contended that the patents were invalid on various grounds and denied that the patents were essential to the standards.

The Trial
The action came on for trial before Mr Justice Birss on 7, 8, 9, 11, 15, 17, 18 and 21 Oct 2019.  His lordship delivered judgment on 8 J…

Patents - Koninklijke Philips NV. v Asustek Computer Inc. and others

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Jane Lambert

Court of Appeal (Lord Justices Patten, Floyd and Henderson) Koninklijke Philips N.V. v Asustek Computer Inc. and others [2019] EWCA Civ 2230 (17 Dec 2019)

This was an appeal against three separate but related judgments by Mr Justice Arnold:
Koninklijke Philips NV v Asustek Computer Inc, and others [2018] EWHC 1224 (Pat) (23 May 2018): Koninklijke Philips NV v Asustek Computer Inc. and others [2018] EWHC 1732 (Pat) (10 July 2018); and Koninklijke Philips NV v Asustek Computer Inc. and others [2018] EWHC 1826 (Pat) (19 July 2018). Koninklijke Philips NV ("Philips") is the registered proprietor of the following European patents(UK): EP1440525 for a radio communication system ("525"),  EP1685659 for a radio communication system, method of operating a communication system, and a mobile station (""659") and EP1623511 for a communication system ("511"). Philips declared those patents to be essential for compliance with ETSI (European T…

Copyright - Warner Music UK Ltd and Others v TuneIn Inc, - The Order

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Jane Lambert

Chancery Division (Mr Justice Birss) Warner Music UK Ltd and another v Tunein Inc [2019] EWHC 3374 (Ch) (18 Dec 2019)

The claimants, and the groups they represent, own or hold the exclusive licences to copyright in sound recordings of music. Together, they account for more than half the market for digital sales of recorded music in the UK and about 43% globally.   If a radio station wishes to play a record in the claimant's repertoire it needs a licence from the claimant which it can obtain directly from one of the claimants or indirectly from a collecting society.

As most radio stations broadcast primarily to listeners who can receive their radio signals those licences tend to be restricted to the country in which they are located.  It is now possible for radio stations to broadcast over the internet. Some stations such as the BBC broadcast over the air and internet simultaneously.  Others broadcast only over the internet.  Potentially, every radio station that broadc…

Supplementary Protection Certificates - Teva UK Ltd and others v Gilead Sciences, Inc.

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Jane Lambert

Court of Appeal (Lord Justices Lewison, Floyd and Dingemans) Teva UK Ltd and others v Gilead Sciences, Inc [2019] EWCA Civ 2272 (19 Dec2019)

This was an appeal against Mr Justice Arnold's decision in Teva UK Ltd and others v Gilead Sciences Inc [2018] EWHC 2416 (Pat) (18 Sept 2018) to revoke supplementary protection certificate ("SPC")numbered SPC/GB05/041.  The reason for the revocation is that art 3 (1) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products OJ L 152, 16.6.2009, p. 1–10 requires a product that is protected by an SPC to have been protected previously by a basic patent.  One of the products that had been included in the SPC was emtricitabine.  That had not been protected expressly by European patent (UK) number EP0915894,  The appeal came on before Lord Justices Lewison, Floyd and Dingemans on 10 Dec 2019.  In Teva UK Ltd and others v…